Pandan voter files court challenge against holding GE15 during monsoon

 

Ismail Sabri Yaakob failed to take into account the welfare of less privileged Malaysians when the caretaker prime minister requested for the Yang di-Pertuan Agong to dissolve Parliament, claimed a Pandan voter.

Syed Iskandar Syed Jaafar said this in his legal challenge against the 15th general election (GE15) being held this year during the monsoon season, in which floods are expected to occur.

The lawyer, through a legal team from R Kengadharan and Co, filed the judicial review leave application at the Kuala Lumpur High Court late this afternoon.

Earlier on Tuesday, incumbent Klang MP Charles Santiago had filed a separate court challenge against GE15 being held this year, which also cited the flood risk.

Syed Iskandar’s judicial review named Ismail Sabri (in his capacity as premier), the Election Commission (EC) chairperson (who is not named), and the government of Malaysia as the first, second, and third respondents, respectively.

According to a copy of his affidavit, the 55-year-old voter contended that Ismail Sabri has a duty to act reasonably in the interest of citizens and voters when meeting the Agong on Oct 9 to exercise his (Ismail Sabri) powers to request the dissolution of Parliament (the dissolution was announced the next day).

Caretaker prime minister Ismail Sabri Yaakob

Syed Iskandar claimed that the caretaker premier abused this power as “he failed to take into account the interests and welfare of the poorer segment of Malaysian society who will be affected by the monsoon weather of which, the first respondent is and was at all material times fully aware”.

“The first respondent abused his power when he failed to ask himself the correct question when exercising his fiduciary power to make the said request.

“He failed to ask himself about the negative impact on the general population that will be caused by the oncoming floods in the country.

“The first respondent took into account irrelevant considerations when exercising his aforesaid fiduciary power. He took into account political considerations instead of weighing the harm and inconvenience that will be suffered by the voting public by holding a general election at the present moment, given the conditions of weather in the several states and districts of Malaysia,” the lawyer contended.

Syed Iskandar alleged that among these irrelevant considerations were the interests of Umno president Ahmad Zahid Hamidi. - Mkini